The City Council, by majority vote, approved holding an advisory election seeking opinions from City of Modesto voters on two proposed options for electing City Councilmembers.

California Elections Code Section 9603 authorizes cities to hold advisory elections for the purpose of allowing voters to voice their opinions on substantive issues, and provides an opportunity for voters to indicate their approval or disapproval of a proposal to the City Council. The result of this vote is not binding on the City Council; however, the City Council can use the results of this vote to ascertain whether to place before the voters a charter amendment that would propose to amend the City's election system.

The City of Modesto's current system of electing City Councilmembers is an "at-large" system, where the candidates for City Council run for a particular "Chair," can live anywhere in the City, and are voted upon by all voters in the City. There are six (6) Councilmembers and a Mayor for a total of seven (7) Council seats.

This advisory measure provides that in the event the City of Modesto were to change its election system, a couple of options have been presented for the voters' consideration. It asks voters to proceed to indicate their preference for one of two proposed new election systems:

Under the first option "a" entitled "By District," the City would be divided into six (6) election districts and candidates would have to live in the district they wish to represent, and would be elected by voters who also live in that district. The Mayor would still be elected at large. The total number of Council seats would thus be seven (7).

Under the second option "b" entitled "Mixed," the City would be divided into six (6) election districts and candidates would have to live in the district they wish to represent, and would be elected by voters who also live in that district. Additionally, two (2) new Council seats would be added and these candidates could live anywhere in the City and would be elected by all voters in the City. The Mayor would still be elected at large. The total number of Council seats would thus be nine (9).

According to Section 9603(c), advisory votes express general voter opinion but do not bind the sponsoring legislative body to act. Therefore, the advisory vote will not change existing law or bind the City Council to act.

s/Susana Alcala Wood
City Attorney

The above statement is an impartial analysis of Measure J. If you desire a copy of the measure, please call the Modesto City Clerk's Office at (209) 577-5396, and a copy will be mailed at no cost to you.

Modesto Bee

• Modesto district elections debated at forum Attorney says change gives voice to all; ex-prof says it narrows focus too much - 10/10/2007

We strongly urge you to vote for "A" in this Measure.

You need a Council Member who is committed to representing your needs and your District.

If "A" were adopted, your Council Member would be responsible to you and your District.

Your Council Member would fight to fix your District's problems.

Your Council Member would understand your District's needs.

You would know your District Council Member.

Two extra "at-large" Council Members would dilute your representation.

Election by District only is the American way.

Choose "A" to get representation in the Modesto City Council.

s/ David P. Thomas
s/ James W. Reed
s/ Eric Reimer
s/ Mike Rego